Shiv Kumar Deshmukh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3641 of 2017 • Shiv Kumar Deshmukh S/o Late Ratanlal Deshmukh Aged About 60 Years R/o Somni, Thana Utai, Tehsil Patan, District Durg, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through District Magistrate, District Durg, Chhattisgarh.

---- Respondent For Applicant : Shri AC Sahu, Advocate For Respondent/State : Shri Neeraj Jain, GA Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 22.6.2017 1.

Heard the matter finally.

2.

This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No.05/2017, registered at Police Station Kumhari, District, Durg (CG) for the offence punishable under Sections 420, 467, 468, 471 IPC.

3.

Learned counsel for the applicant submits that the applicant is arrested on 5.1.2017 and after investigation police had filed charge sheet before the JMFC, Bhilai, District Durg (CG) as Cr. Case No. 135/2017. Learned counsel submits that the applicant

is an old man aged about 60 years and he is in custody since more than 5 months, therefore, he may be released on bail. 4.

On the other hand, learned counsel for the State opposes the bail application.

5.

I have heard the counsel appearing for the parties and perused the material.

6.

On due consideration of the fact that there is no material to demonstrate whether the applicant had repaid the impugned amount as agreed by him in an agreement, with this, the applicant initially has not held his words good by repayment of alleged Rs.1,30,000/-, I am not inclined to grant bail to the applicant. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is dismissed.

Certified copy as per rules.

sd/ (Chandra Bhushan Bajpai) JUDGE sunita